Tag: 1st amendment

The Trump administration is proposing to overhaul rules for protests in front of the White House and at other iconic locations in Washington, D.C., in an effort that opponents say is aimed at shutting down free speech.

The National Park Service’s (NPS) proposal, for which public comments are due by Monday, would close much of the sidewalk north of the White House to protests, limit the ability for groups to have spontaneous protests without permits in that area and on the National Mall and open the door to potentially charging some demonstrating groups fees and costs for their events.

The plan was released in August with little fanfare. But civil rights groups have been sounding alarm bells in recent days as the comment period comes to a close.

In making the proposal, the NPS cites its mandate to protect land, saying that it wants to “provide greater clarity to the public about how and where demonstrations and special events may be conducted in a manner that protects and preserves the cultural and historic integrity of these areas.”

But opponents see a connection to President Trump’s disdain for protesters, and congressional Republicans’ denunciations of recent demonstrations against new Supreme Court Justice Brett Kavanaugh as “mob rule.”

They argue that the iconic places in Washington, D.C., that hosted Martin Luther King Jr.’s “I Have A Dream” speech in 1963 and the Occupy encampments in 2012 need to remain as welcoming as possible for the First-Amendment-guaranteed right to protest, not just for D.C. locals, but for people from around the country who travel to the nation’s capital.

Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, said that while most recent administrations have tried to crack down on protests covered by the NPS unit known as the National Mall and Memorial Parks, the Trump effort is more significant.

“This administration’s come in with the most bold and consequential overhaul. The consequences are enormous,” Verheyden-Hilliard told The Hill.

“There’s never been such a large effort at rewriting these regulations,” she said. “I don’t think there can be any question that these revisions will have the intent and certainly the effect of stifling the ability of the public to protest.”

While the proposal itself wouldn’t lead directly to fees being charged for protests, it asks the public to weigh in on the possibility.

Verheyden-Hilliard was particularly critical of a proposal to reduce distinctions between demonstrations and “special events,” which include concerts and festivals. Demonstrations have previously been subject to less scrutiny in permitting and can get their permits almost automatically.

Under the proposal, those protections could change, especially if anyone sings or dances at a protest.

“Speech plus music doesn’t lose its speech character,” she said. “If the event is focused on expressing views and grievances, it is a demonstration.”

The American Civil Liberties Union’s local chapter said in a blog post that major protests like King’s speech could become too expensive for their organizers.

“Managing public lands for the benefit of the American people is what Congress funds the National Park Service to do. That includes demonstrators just as much as tourists or hikers,” wrote Arthur Spitzer, co-legal director of the ACLU of D.C.

Top Democratic lawmakers are also getting involved.

Rep. Raúl Grijalva (Ariz.), the top Democrat on the House Natural Resources Committee, joined with Rep. Jerrold Nadler (N.Y.), his counterpart for the House Judiciary Committee, and other Democrats this week in denouncing the fee idea in a letter to Interior Secretary Ryan Zinke.

“National parks must be accessible and open to the American public for peaceful assembly,” they wrote.

“While the recuperation of costs may be an appropriate standard for special events that are celebratory or entertainment-oriented, the proposed shift could have the disastrous result of undermining the freedoms of expression and assembly — which are fundamental constitutional rights — in one of our nation’s premier public parks.”

NPS spokesman Brent Everitt said any fee changes would require a separate regulatory proposal. But he nonetheless defended potential fees, citing as an example the 2012 Occupy protests in downtown D.C.’s McPherson Square and elsewhere, which cost the agency nearly $500,000.

“At this time, we want to have a genuine conversation with the public about updating a comprehensive plan to best facilitate use and enjoyment of the National Mall while preserving and protecting its monuments and memorials. Permit fees and cost recovery considerations are just one part of that overall conversation,” Everitt said in a statement.

He said the agency wants input on whether the costs to the agency are an “appropriate expenditure of National Park Service funds, or whether we should also attempt to recover costs for supporting these kinds of events if the group seeking the permit for the event has the ability to cover those costs.”

The myriad rules and standards for events on NPS land in the nation’s capital have been shaped largely by decades of litigation. And if the agency pursues a regulation like the one proposed, the lawsuits will only continue.

“If these regulations go through in current form or a substantially similar iteration, we are prepared to have them enjoined,” Verheyden-Hilliard said. “We believe that they are unconstitutional and fundamentally unsound. And moreover, they are unjustified.”

The White House press secretary on Monday called for the Justice Department to investigate who wrote an anonymous opinion column last week that was critical of President Trump, echoing the president’s demand for such a probe.

“If that individual is in meetings where national security is discussed or other important topics, and they are attempting to undermine the executive branch, that would certainly be problematic and something that the Department of Justice should look into,” Sarah Sanders told reporters at Monday’s briefing.

Mr. Trump last week said he wanted Attorney General Jeff Sessions to launch an investigation into who in his administration penned the column in the New York Times, which was attributed only to a senior administration official and said there was a secret resistance movement at work in Mr. Trump’s administration that aims to curtail his “worst inclinations.”

The president said he was concerned the author may be involved in discussions about national security issues. “I don’t want him in those meetings,” he said.

A Justice Department spokeswoman declined to comment on Monday. When Mr. Trump raised the prospect of an investigation last week, a department spokeswoman said the agency doesn’t confirm or deny investigations.

Presidents typically avoid calling for Justice Department investigations, particularly ones related to their own administrations, to avoid the perception they are interfering in department matters. Mr. Trump has done so on multiple occasions.

A parade of senior members of Mr. Trump’s administration publicly denied writing the column last week.

Ms. Sanders declined on Monday to say what crime the author of the column may have committed. “I’m not an attorney,” she said. “It’s the Department of Justice’s job to make that determination, and we’re asking them to look into it.”

Asked whether the president was aware that the column was protected under the First Amendment, Ms. Sanders said: “It’s less about that part of it, and whether or not somebody is actively trying to undermine the executive branch of the government and a duly elected president.”

She declined to say whether the White House was launching an internal search for the column’s author, whom she called “gutless.” “We’re certainly focused on things that actually matter,” she said.

President Trump has long derided the mainstream media as the “enemy of the people” and lashed out at NFL players for kneeling during the national anthem. On Tuesday, he took his attacks on free speech one step further, suggesting in an interview with a conservative news site that the act of protesting should be illegal.

Trump made the remarks in an Oval Office interview with the Daily Caller hours after his Supreme Court nominee, Brett M. Kavanaugh, was greeted by protests on the first day of his confirmation hearings on Capitol Hill.

“I don’t know why they don’t take care of a situation like that,” Trump said. “I think it’s embarrassing for the country to allow protesters. You don’t even know what side the protesters are on.”

He added: “In the old days, we used to throw them out. Today, I guess they just keep screaming.”

More than 70 people were arrested after they repeatedly heckled Kavanaugh and senators at Tuesday’s hearing.

Trump has bristled at dissent in the past, including several instances in which he has suggested demonstrators should lose their jobs or be met with violence for speaking out.

In July, ahead of his visit to Britain, Trump told the Sun newspaper that reports of large-scale demonstrations against him in London — including a 20-foot-tall blimp depicting an angry baby Trump — had offended him.

“I guess when they put out blimps to make me feel unwelcome, no reason for me to go to London,” Trump said. Months earlier, Trump had implicitly rejected reports that his initial plans to visit in the spring were scuttled because of fears of protests.

Last September, Trump called on NFL owners to fire players who kneel during the national anthem to protest systemic racial injustice.

And in several appearances during the 2016 campaign, when demonstrators interrupted his rallies, Trump at times appeared to encourage violence against them.

Trump has also prompted cries of “dictator envy” for remarks in which he seemed to emulate North Korean leader Kim Jong Un. “He speaks, and his people sit up at attention. I want my people to do the same,” Trump told Fox News Channel in an interview after his Singapore summit with the North Korean leader.

On Saturday, President Trump got on Twitter and accused social media companies of censoring conservative voices when their platforms should allow for “good and bad” speech.

Social Media is totally discriminating against Republican/Conservative voices. Speaking loudly and clearly for the Trump Administration, we won’t let that happen. They are closing down the opinions of many people on the RIGHT, while at the same time doing nothing to others…….

….Too many voices are being destroyed, some good & some bad, and that cannot be allowed to happen. Who is making the choices, because I can already tell you that too many mistakes are being made. Let everybody participate, good & bad, and we will all just have to figure it out!

Judging by the timing of these tweets, its possible Trump is defending Alex Jones after the Infowars chief conspiracy theorist was banned across social media lately for hate speech and user policy violations. Jones is known for pushing ludicrous content like the idea that the Sandy Hook massacre was a false flag operation, but then again, Trump appeared on his show in 2015, praising his “amazing reputation” in the process.

Despite the lack of evidence proving a broad-range systemic bias against conservatives, Trump and otherright-wing figures have made a lot of allegations lately about shadow-banning and other forms of supposed online suppression. As it were, Trump drew a connection between this and “fake news” in order to take a new swing at the media.

…..Censorship is a very dangerous thing & absolutely impossible to police. If you are weeding out Fake News, there is nothing so Fake as CNN & MSNBC, & yet I do not ask that their sick behavior be removed. I get used to it and watch with a grain of salt, or don’t watch at all..

Because its semi-obligatory at this point, Trump also took a shot at the “fools” focused on investigating Russia.

All of the fools that are so focused on looking only at Russia should start also looking in another direction, China. But in the end, if we are smart, tough and well prepared, we will get along with everyone!

Oh yeah, and there was another shot at “loudmouth, partisan, political hack” John Brennan.

Has anyone looked at the mistakes that John Brennan made while serving as CIA Director? He will go down as easily the WORST in history & since getting out, he has become nothing less than a loudmouth, partisan, political hack who cannot be trusted with the secrets to our country!

President Donald Trump has withdrawn ex-CIA Director John Brennan’s security clearance, in a move hitting one of the administration’s most vocal critics.

The action, announced Wednesday by press secretary Sarah Huckabee Sanders, appears to be more of a political than practical one. Brennan and most other prominent former White House officials do not use their clearances to consult with the Trump administration, and the move will not prevent them from speaking out publicly now.

In justifying pulling Brennan’s clearance, Sanders read a statement from Trump claiming that the former spy chief has shown “erratic conduct and behavior” and “has a history that calls into question his objectivity and credibility.” She said the move was about “protecting classified information,” though she did not provide any examples of Brennan using his access to improperly leverage sensitive information since he left the CIA post. Sanders denied that the move was political.

“Mr. Brennan’s lying and recent conduct characterized by increasingly frenzied commentary is wholly inconsistent with access to the nation’s most closely held secrets and facilities,” the president said in the statement read by Sanders.

Sanders said the White House will also consider whether to revoke security clearances of other former high-ranking law enforcement and intelligence officials — all of whom have earned Trump’s ire in some way. Those are: former FBI Director James Comey, former Director of National Intelligence James Clapper, ex-NSA Director Michael Hayden, former National Security Advisor Susan Rice, former Deputy Attorney General Sally Yates, ex-Deputy FBI Director Andrew McCabe, former FBI agent Peter Strzok, ex-FBI lawyer Lisa Page and Justice Department official Bruce Ohr.

Former top-ranking officials often keep their security clearances so that the White House can consult with them on important topics.

The announcement at least temporarily puts more scrutiny on Trump’s political opponents rather than the president himself. It comes amid repeated questions about nondisclosure agreements signed by former Trump campaign staffers brought about by accusations of racism and instability on Trump’s part brought by ex-administration official Omarosa Manigault Newman.

Brennan has frequently and pointedly criticized Trump since the president took office in January 2017. In a tweet on Tuesday responding to the president calling Manigault Newman a “dog,” Brennan wrote that “it’s astounding how often [Trump fails] to live up to minimum standards of decency, civility & probity.”

“Seems like you will never understand what it means to be president, nor what it takes to be a good, decent, & honest person. So disheartening, so dangerous for our Nation,” he wrote about the president.

It’s astounding how often you fail to live up to minimum standards of decency, civility, & probity. Seems like you will never understand what it means to be president, nor what it takes to be a good, decent, & honest person. So disheartening, so dangerous for our Nation. https://t.co/eI9HaCec1m

On Tuesday night, he told MSNBC that “I think Donald Trump has badly sullied the reputation of the office of the presidency.”

In pulling Brennan’s clearance, the White House questioned his credibility in denying to Congress that the CIA “improperly accessed the computer files of congressional staffers.” Trump’s statement also claimed that Brennan showed inconsistency in telling Congress that the intelligence community did not use the so-called Steele dossier as part of its conclusion that Russia tried to interfere in the 2016 election.

Ohr is the only one of the people Sanders named at risk of losing a security clearance who currently works in the Trump administration. The Department of Justice did not immediately respond to a request to comment on the evaluation of his clearance.

Last month, House Speaker Paul Ryan said that the president was “trolling people” with threats to pull their security clearances and noted that it falls under the executive branch’s purview.

Brennan had no immediate comment. The former CIA director who served during the Obama administration is a contributor to NBC News.

Other ex-intelligence and law enforcement officials criticized the move on Wednesday. Former Deputy CIA Director John McLaughlin called the security clearance removal “ridiculous.” He told MSNBC that he doubts “anyone in the White House has thought through” the action.

Clapper told CNN that “the larger issue here … has been in infringement on First Amendment rights.” All of the people Sanders named have “either been outspoken about the administration, or have directly run afoul of it. And taken actions that were inimical to President Trump’s interests.”

A Trump campaign official said in a statement it filed a claim with the American Arbitration Association in New York City against Manigault Newman “for breach of her 2016 confidentiality agreement with the Trump Campaign.”

The legal action ramps up the feud between Trump and his former adviser, who has engaged in a days-long media tour to promote her new book “Unhinged,” in which she assails the president as a racist and an incompetent leader.

The book draws upon her time on Trumps’ 2016 campaign and in the White House.

Manigault Newman has also released secret audio recordings of Trump, White House chief of staff John Kelly and Trump associates Katrina Pierson and Lynne Patton that she says back up explosive claims in her book.

Manigault Newman, who was fired from the White House in 2017, has admitted she signed a confidentiality agreement with Trump’s 2016 campaign. She also claims she was offered $15,000 per month and a job with Trump’s reelection campaign in exchange for signing a new non-disclosure agreement that guaranteed her silence.

She did not take the offer. Her book is set to be officially released on Tuesday.

Manigault Newman has caused a headache for the White House by making a series of explosive claims about Trump, including that he used the n-word on the set of “The Apprentice,” which the president has denied.

Trump has sought to undercut Manigault Newman’s credibility by attacking her and rebutting her claims. But by doing so, the president has drawn criticism for his scorched-earth approach.

The latest example came on Tuesday morning, when Trump called Manigault Newman, who was once the highest-ranking African-American in the White House, “that dog.”

“When you give a crazed, crying lowlife a break, and give her a job at the White House, I guess it just didn’t work out. Good work by General Kelly for quickly firing that dog!” Trump tweeted.

White House press secretary Sarah Huckabee Sanders on Monday pushed for respectful political discourse in the aftermath of her dismissal from a Virginia restaurant over the weekend.

Sanders addressed the incident at the start of Monday’s press briefing, saying she and her husband “politely left” The Red Hen restaurant in Lexington, Va., after she said she was asked to leave “because I work for President Trump.”

“We are allowed to disagree but we should be able to do so freely and without fear of harm,” she said. “And this goes for all people regardless of politics.”

“Healthy debate on ideas and political philosophy is important, but the calls for harassment and push for any Trump supporter to avoid the public is unacceptable,” she said.

“America is a great country and our ability to find solutions despite those disagreements is what makes us unique,” she added before launching into a list of President Trump’s accomplishments.

White House press secretary Sarah Sanders on being asked to leave a Virginia restaurant: “The calls for harassment and push for any Trump supporter to avoid the public is unacceptable” https://t.co/4PyT81kpfR

Attorney General Jeff Sessions cited the Bible on Thursday in defending the Trump administration’s immigration policies — especially those that result in the separation of families — directing his remarks in particular to “church friends.”

“I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government because God has ordained the government for his purposes,” Sessions said. “Orderly and lawful processes are good in themselves. Consistent, fair application of law is in itself a good and moral thing and that protects the weak, it protects the lawful. Our policies that can result in short-term separation of families are not unusual or unjustified.”

The Catholic Church and other religious leaders have voiced strong criticism of policies resulting in family separations and recent moves Sessions has made to restrict asylum.

On Wednesday, the president of the US Conference of Catholic Bishops criticized the administration, declaring that separating mothers and children at the US border is “immoral.”

Cardinal Daniel DiNardo, the president of the organization, said in a statement, “Families are the foundational element of our society and they must be able to stay together. While protecting our borders is important, we can and must do better as a government, and as a society, to find other ways to ensure that safety. Separating babies from their mothers is not the answer and is immoral.”

Sessions said Thursday that recent criticisms are “not fair, not logical and some are contrary to plain law.”

“It’s not as if we just want to see if we can be mean to children. That’s not what this is about,” he said, saying he’s thought about this issue for years.

God told Nehemiah to build a wall when he got back to Jerusalem, Sessions said, once again referencing the Bible.

“That’s the first thing he told him to do,” Sessions said. “It wasn’t to keep people in. It was to keep bad people out. I don’t think there is a scriptural basis that justifies any idea that we must have open borders in the world today.”

Sessions repeated many of his recent comments that any separation from children is the fault of the parents who choose to bring them into the country illegally, and repeatedly said immigrants should “wait your turn” and try to come to the US legally. He disputed that he’s restricting asylum, saying he is merely restoring his view of what the law always has been.

He was referring to his recent use of a power of the attorney general, a political appointee, to overrule a board of immigration judges in their interpretation of the law. Sessions earlier this week announced a new interpretation of asylum law that reversed an earlier decision in declaring that victims of domestic violence and other crimes and violence are generally not eligible for asylum in the US.

“Noncitizens who cross our borders unlawfully, between our ports of entry, with children, are no exception to this principle,” Sessions said. “They are the ones who broke the law. They are the ones who endangered their children with this trek.”

He said the US goes through “extraordinarily lengths” to care for the children.

“I have considered the thoughts of church leaders over that time. And I am sympathetic to them. But I am a law officer. A law officer for a nation-state. A secular nation-state. Not a theocracy. It’s not a church. If we have laws — and I believe we have reasonable immigration laws — they should be enforced,” Sessions said. “My request to our religious leaders and friends who have criticized the carrying out of our laws: I ask them to speak up forcefully, strongly, to urge anyone who would come here to only come lawfully.”

Taking a knee during the national anthem during a National Football League game should “maybe” be a deportable offense, President Donald Trump appeared to say in an interview that aired Thursday morning.

Speaking just moments after the NFL announced that all players who are on the field when the national anthem is heard before a game must stand and show respect — or can choose to remain in the locker room without penalty — Trump praised the new policy but also said it didn’t go far enough in punishing players who might continue to take a knee during the anthem.

“Well, I think that’s good. I don’t think people should be staying in locker rooms. But still, I think it’s good. You have to stand proudly for the national anthem, or you shouldn’t be playing, you shouldn’t be there. Maybe you shouldn’t be in the country,” Trump said in a wide-ranging sit-down with “Fox and Friends” that took place Wednesday but wasn’t aired until Thursday.

“You have to stand proudly for the national anthem, and the NFL owners did the right thing,” he added.

Under the new policy, teams will be subject to a fine if a player does not comply.

The NFL had previously suggested that players should stand, but it stopped short of enforcing fines. The new policy says clubs can still develop their own work rules for players and personnel who don’t stand, but they must be “consistent with the above principles.” That means teams could choose to pass along fines to players.

The controversy over players who kneel during “The Star-Spangled Banner” has raged since 2016, when Colin Kaepernick, then a quarterback with the 49ers, first refused to stand as a lone protest against police brutality, particularly against black Americans, and racial oppression. Protests expanded, prompting Trump to criticize the the kneeling as “disgraceful.”

Trump, in the interview with Fox, took credit for creating the issue but said it was “the people” who “pushed it forward.”

“I think the people pushed it forward, not me. I brought it out. it could have been taken care of when it first started,” he said.

Trump, in his interview, also discussed immigration, the MS-13 gang and his decision last year to fire former FBI Director James Comey.

“I’ve done done a great service for the country by firing him,” Trump claimed.

The president, who spoke to the network Wednesday following a roundtable discussion on MS-13 and immigration in New York, added that he would not consider an immigration bill that did not include provisions to build his border wall.

“Unless it includes a wall, I mean a real wall … there will be no approvals from me,” Trump said. He said he was “watching one or two” of the bills that are expected to be voted on in the House, following an expected forced vote process by moderate Republicans known as a discharge petition.

The petition would force a vote on bipartisan legislation unveiled in March that would allow for the consideration of four different proposals, including: a conservative immigration bill proposed by Judiciary Committee Chairman Bob Goodlatte, R-Va.; a bipartisan version of the Dream Act; and a bipartisan bill to protect people covered by the Deferred Action for Childhood Arrivals (DACA) program while enhancing border security.

Trump, however, said, “it’s time to get the whole package,” referring to his desire that any immigration deal include not only money for his wall and protections people covered by DACA, but also increased border security measures like ending so-called “chain migration.”

Since the fall, the US Department of Justice has been overhauling its manual for federal prosecutors.

In: Attorney General Jeff Sessions’ tough-on-crime policies. Out: A section titled “Need for Free Press and Public Trial.” References to the department’s work on racial gerrymandering are gone. Language about limits on prosecutorial power has been edited down.

The changes include new sections that underscore Sessions’ focus on religious liberty and the Trump administration’s efforts to crack down on government leaks — there is new language admonishing prosecutors not to share classified information and directing them to report contacts with the media.

Not all changes are substantive: Long paragraphs have been split up, outdated contacts lists have been updated, and citations to repealed laws have been removed.

The “US Attorneys’ Manual” is something of a misnomer. Federal prosecutors in US attorney offices across the country use it, but so do other Justice Department — often referred to as “Main Justice” — lawyers. The manual features high-level statements about department policies and priorities as well as practical guidance on every facet of legal work that comes through the department.

The last major update to the manual was in 1997. Deputy Attorney General Rod Rosenstein — the DOJ’s number two official and a veteran federal prosecutor — ordered the top-to-bottom review, according to department spokesperson Ian Prior. In a March speech announcing changes to the department’s policy for enforcing certain anti-corruption laws, Rosenstein lamented the difficulty prosecutors have keeping track of policy and procedure changes when they aren’t reflected in the manual.

Some of the recent changes were publicly announced. In January, for instance, the department said it was adding a section called “Respect for Religious Liberty,” directing prosecutors to alert senior officials about lawsuits filed against the US government “raising any significant question concerning religious liberty” and articulating “Principles of Religious Liberty” that Sessions laid out in an earlier memo.

Most changes haven’t been publicly announced, though, which is common practice, according to former DOJ officials who spoke with BuzzFeed News. US attorney offices have been notified of the significant changes so far, and notice will go out when the review is done, Prior said. The public version of the manual online notes when individual sections were last updated.

The Justice Department declined to comment on specific changes. In a statement to BuzzFeed News, Prior said the manual is meant to be a “quick and ready reference” for lawyers, not “an exhaustive list of constitutional rights, statutory law, regulatory law, or generalized principles of our legal system.”

“While sections of the USAM have changed over time, the last comprehensive review and update of the USAM occurred twenty years ago. During that time, policies have changed or become outdated, and leadership memos were issued without being incorporated into the USAM. As part of the effort to consolidate policies into a useful one-stop-shop of litigation-related documents for the Department, the Deputy Attorney General ordered a thorough, department wide review of the USAM,” Prior said. “The purpose of that review is to identify redundant sections and language, areas that required greater clarity, and any content that needed to be added to help Department attorneys perform core prosecutorial functions.”

The review is taking place while the Justice Department is still missing several Senate-confirmed officials, including heads of the Criminal Division, the Civil Division, the Civil Rights Division, and the Environment and Natural Resources Division. Nominees for those posts are waiting for a final vote in the Senate. Trump has yet to announce a nominee for associate attorney general, the department’s third-ranking official, following the February departure of Rachel Brand. Prior said that the review process has included career attorneys from across the department.

Sections of the manual that dealt with a variety of personnel and administrative issues, many of which are explained in other internal department documents or are included in federal statutes and regulations, were removed. Those sections included language about what happens when a US attorney spot is vacant, policies for securing and paying witnesses, and compliance with the Freedom of Information Act.

BuzzFeed News compared the latest version of the manual with earlier versions saved via the Internet Archive’s Wayback Machine.